HB 1509 Related to UCW, amends 46.02
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HB 1509 Related to UCW, amends 46.02
This bill would be good for renters of property whereby they get permission from the owner or person in control (i.e, property manager) of the property to carry a handgun anywhere on the property. Currently, it is not 'legal' for a tenant to openly carry in the common areas, e.g., patio, walkways, pool, parking lot, garage entrances, laundry rooms, boat dock, etc. even with owners' permission.
The only vague part I see is the omission of what form the permission would take; written; verbal? It just says, "..owner consents..".
The bill went through committee and testimony with no problems, and I see it was recommended for the 'Local and Consent" calendar.
http://www.capitol.state.tx.us/BillLook ... ill=HB1509
The only vague part I see is the omission of what form the permission would take; written; verbal? It just says, "..owner consents..".
The bill went through committee and testimony with no problems, and I see it was recommended for the 'Local and Consent" calendar.
http://www.capitol.state.tx.us/BillLook ... ill=HB1509
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Re: HB 1509 Related to UCW, amends 46.02
Consent is consent, I don't think it needs to be written consent.
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Licensing (n.) - When government takes away your right to do something and sells it back to you.
Re: HB 1509 Related to UCW, amends 46.02
One committee member did ask a witness about the presumption, and he said "verbal".
Correction to the above, it wasn't a witness - it was Rep. Sheets, the author, who answered member Johnson's question, and Sheets assumed it would be a verbal consent.
Correction to the above, it wasn't a witness - it was Rep. Sheets, the author, who answered member Johnson's question, and Sheets assumed it would be a verbal consent.
Last edited by K5GU on Sun Apr 05, 2015 9:52 am, edited 2 times in total.
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Re: HB 1509 Related to UCW, amends 46.02
The prosecutor would have to prove that the owner did not give consent, not the other way around.K5GU wrote:One committee member did ask a witness (think it was Terry Holcomb) about the presumption, and he said "verbal", so I guess the owner/manager would need an invitation to testify on behalf of the accused, eh?
In order to arrest someone, a police officer would need probable cause that the owner or person in control did not give consent, even. Although this would be as simple as asking the owner.
Keep calm and carry.
Licensing (n.) - When government takes away your right to do something and sells it back to you.
Licensing (n.) - When government takes away your right to do something and sells it back to you.
Re: HB 1509 Related to UCW, amends 46.02
I understand that, thanks. So the owner would testify (give evidence) to the officer and not a prosecutor, right?mr1337 wrote:The prosecutor would have to prove that the owner did not give consent, not the other way around.K5GU wrote:One committee member did ask a witness (think it was Terry Holcomb) about the presumption, and he said "verbal", so I guess the owner/manager would need an invitation to testify on behalf of the accused, eh?
In order to arrest someone, a police officer would need probable cause that the owner or person in control did not give consent, even. Although this would be as simple as asking the owner.
So, under this scenario, I would either need to stay in contact with the owner, or get a written statement in case the owner was not available, and I didn't want to be arrested. Right?
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Re: HB 1509 Related to UCW, amends 46.02
One thing I've learned through many years of negotiating service contracts - if it's not in writing it didn't happen.
I would want written authorization.
I would want written authorization.
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Re: HB 1509 Related to UCW, amends 46.02

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Treating one variety of person as better or worse than others by accident of birth is morally indefensible.
Treating one variety of person as better or worse than others by accident of birth is morally indefensible.
Re: HB 1509 Related to UCW, amends 46.02
Yup, folks come and folks go, relationships change... Get it in writing on letterhead.jmra wrote:One thing I've learned through many years of negotiating service contracts - if it's not in writing it didn't happen.
I would want written authorization.
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Active Military, Veterans, Law Enforcement, Fire, EMS receive $15 transfers.
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Re: HB 1509 Related to UCW, amends 46.02
Pardon my potential ignorance... but isn't this already the law?
My parents own 275 acres in Comanche, and I OC a pistol at all times out there. I am not the owner, they are, and neither of my parents have given me specific permission to carry out there... but both have seen me do it and never said that I cannot.
If this is not already the law, how can a gun store owner give his employees permission to OC in the store... especially if the store is a lease in a strip mall that he does not own, but is merely a renter?
I am pretty sure this, or something very similar to it, is already the law. Or is this aimed at the specific example of a common area of an apartment complex?
My parents own 275 acres in Comanche, and I OC a pistol at all times out there. I am not the owner, they are, and neither of my parents have given me specific permission to carry out there... but both have seen me do it and never said that I cannot.
If this is not already the law, how can a gun store owner give his employees permission to OC in the store... especially if the store is a lease in a strip mall that he does not own, but is merely a renter?
I am pretty sure this, or something very similar to it, is already the law. Or is this aimed at the specific example of a common area of an apartment complex?
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Re: HB 1509 Related to UCW, amends 46.02
I think in the scenario "..parents own 275 acres..", you could be considered "person in control";AJSully421 wrote:Pardon my potential ignorance... but isn't this already the law?
My parents own 275 acres in Comanche, and I OC a pistol at all times out there. I am not the owner, they are, and neither of my parents have given me specific permission to carry out there... but both have seen me do it and never said that I cannot.
If this is not already the law, how can a gun store owner give his employees permission to OC in the store... especially if the store is a lease in a strip mall that he does not own, but is merely a renter?
I am pretty sure this, or something very similar to it, is already the law. Or is this aimed at the specific example of a common area of an apartment complex?
In the scenario "..employees permission..in the store.." the employee could be considered "person in control".
You might however have a problem defending that theory if someone in addition to you were carrying, like a friend. The "person in control" is probably what would need to be defined and proven in court.
If you're a renter in an apartment or town home type property that has common areas, OC would be an offense under current law, and thus the reason for the proposed bill HB 1509. ..This is not legal advice...
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